Filed Date: May 18, 2020
Closed Date: July 1, 2020
Clearinghouse coding complete
NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So, for information, see their tracker.
According to their summary as of September 01, 2020,
On May 15, 2020, the Governor issued an executive order to temporarily suspend requirements that govern ballot issue petitions to minimize the risks of COVID-19. The Order suspends certain provisions from Title 1, Article 40 of the Colorado Revised Statutes, including one that requires a petition circulator to be in the physical presence of an elector when signing. Plaintiffs, representing pro-business interests, filed the complaint to enjoin the Governor from suspending these requirements.
05/27/2020: Order/Ruling, The Court denied Plaintiffs’ Motion for TRO because the Governor had the authority to suspend regulatory statutes, including Article 40. Under the governing Rathke factors, the Court found that Plaintiffs failed to show a reasonable probability of success on the merits nor actual injury. The Court also found that enjoining the Governor’s Executive Order would be contrary to the public interest and the balance of equities. Notably, the Court cited Griswold v. Warren, another recent COVID-19 election case.
07/01/2020: Order/Ruling, The Colorado Supreme Court reversed the judgment of the lower court. The Court found that under Article V, Section 1 of the Colorado Constitution, ballot initiative petitions must be signed in the presence of the petition circulator. Thus, the Governor does not have the authority to suspend the requirement by Executive Order.
Summary Authors
Nghia Jones (3/17/2025)
Blake, Melissa Kuipers (Colorado)
Ellis, Julian R Jr (Colorado)
Garnett, Stanley L. (Colorado)
Beall, Christopher P. (Colorado)
Anderson, Joe (Colorado)
Last updated Aug. 30, 2023, 2:58 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Special Collection(s):
COVID-19 (novel coronavirus)
Healthy Elections COVID litigation tracker
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 18, 2020
Closing Date: July 1, 2020
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Individual registered elector residing in Denver County and a pro-business non-profit corporation
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Colorado Secretary of State, State
Case Details
Causes of Action:
Other Dockets:
Colorado state trial court 2020CV31708
Colorado state supreme court 2020 CO 69
Colorado state supreme court 20SC453
Colorado state supreme court 20CA983
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Voting: